Supreme Court of India · 2014-07-16
M/S Ajeet Seeds Ltd vs K Gopala Krishnaiah
- Citation / case number
- AIR 2014 SUPREME COURT 3057
- Court
- Supreme Court of India
- Petitioner
- M/S Ajeet Seeds Ltd
- Respondent
- K Gopala Krishnaiah
- Bench
- N.V. Ramana, Ranjana Prakash Desai
Judgment text excerpt
The Supreme Court held that the High Court erred in quashing the complaint under Section 138 of the Negotiable Instruments Act, 1881, on the grounds of lack of averment regarding service of notice. The Court clarified that it is not necessary for the complainant to explicitly state in the complaint that the notice was served, referencing the precedent set in C.C. Alavi Haji v. Palapetty Muhammed. The Court reinstated the complaint, emphasizing that the absence of service details does not invalidate the cause of action under Section 138 NI Act.